Myles Berman KABC Hooters Event

Frank: Those of you who’ve been drinking since the sun came up like pretty much everyone in this room you need this guy who’s joined us on the stage at Hooters in Lake Forest. And watching online with KABC.com with webcasts. It’s Myles. L. Berman, Top Gun DUI Defense Attorney?

Frosty: Seriously, since I started at 97.1, Myles was our first ever endorsement that actually came on 97.1 when we were on that station. Now he’s back with us here. He’s supporting our website.

Heidi: The first one on board.

Frosty: Mylesis definitely a friend of the show. It’s good to have him back with us. Welcome to KABC, Myles.

Myles Berman: Thank you. It’s great to be back, and it’s greater to see the three of you in front of three mikes at the same time on such a major station.

Frosty: Thank you. With no bars. No prison bars between us. Which is how you normally see us.

Frank: Yeah, through Plexiglas, talking on a phone.

Heidi: No prosecutors, just us.

Myles Berman: It’s great. And you audience found you. Not only on the radio, but they found you here as well. And this looks like greater than you guys have done in the past. It’s fantastic.

Heidi: Myles, I’ve said it before, and I’ve said it any time we’ve gotten on stage, on my Facebook or whatever, they are the most loyal, diehard fans on the planet. There’s no better fan than the Frosty, Heidi and Frank fan. None. [shouts from audience]

Frosty: And I would say the most drunken, the most drunken fans of any radio show.

Frank: We like to party, don’t we?

Myles Berman: I think some people here have been drinking not just since this morning, but since last night.

Heidi: They haven’t even been to bed yet.

Frosty: They woke up drunk, some since the ’90s.

Myles Berman: And I wouldn’t be surprised you guys are so wellknown. But I was flying to get in here, and I wouldn’t be surprised if there’s some checkpoints or police officers hanging around. So be careful.

Frank: They set them up today.

Frosty: Funny you mention that. Someone told me I was reading my Facebook comments that in this area of Lake Forest, there is a concentration of police who do set up checkpoints and watch for people leaving bars, leaving restaurants.

Myles Berman: Yeah, that’s a common thing, that police officers kind of hang out and patrol areas where they think people are drinking and driving.

Frank: Is that legal, though, Myles? They can watch people leaving bars?

Myles Berman: Yeah. That’s legal. But it’s very difficult to be driving without coming up with some type of violation of the vehicle code. It’s always good to have a designated driver. That’s really the best way to do it.Frank: When people go out and have a couple of beers, they say, “I’m going to go out to Frosty, Heidi and Frank and have two beers and then I’m going to drive home. I’ll be cool.” What you don’t think about is what if you just happen to get into a fenderbender if you would have been sober. Then all of the sudden you have beer on your breath and it’s automatically your fault. That’s where I’ve noticed. It’s like, “I can drive.” But then if I get in an accident from somebody else’s mistake, I’m automatically in the wrong because I had a couple of beers.

Myles Berman: Yeah, that could be a problem. But could we take an informal survey?

Heidi: Yeah.

Myles Berman: OK, let’s see by a show of hands how many people actually now what they’re alcohol level is right now?

Heidi: Oh, god.

Frank: About a third of the room would know.

Myles Berman: Actually, I forgot we’re on radio. Let’s hear by applause, how many people know what their alcohol level is? [scattered applause]

Frank: About a third or a fourth of the room.

Myles Berman: How many people think they’re over a 0.08? [applause]

Frank: Most of the room.

Heidi: I love it. They’re so proud.

Frank: How many of you could even hear the question? [applause]

Heidi: That was, I think, one of the shocking things that we found out when doing the drinking shows back in the day. And we’ll do another one and Myles will come in with us and everything. Was that we always go out for dinner, go our for sushi, have some saki, have some beers, and you think, “I’m fine. I feel fine to drive.”

Frosty: “Give me the keys! I’ll drive.”

Heidi: And you do that breathalyzer test, and you’re like seriously, I’m not buzzed, I’m not spinning, I feel completely fine and relaxed. And you’re legally drunk.

Frank: And you don’t know it.

Heidi: And that’s scary. You don’t know it, and that’s what’s scary.

Myles Berman: The police or the prosecutors may think you’re legally drunk, but just because you’re charged with DUI doesn’t mean you’re going to be convicted.

Heidi: Exactly. And the thing I learned from Myles L. Berman was you don’t have to do the field sobriety test, right? It’s voluntary.

Myles Berman: Yes, that’s right. Does anybody here not know you don’t have to do the field sobriety test, that it’s completely voluntary?

Heidi: They ask you do that “touch the nose” but you don’t have to do that.

MylesBerman: This is a loyal audience that’s been listening to you guys for years and know.

Frank: And Myles, if you don’t do the field sobriety test, what are the consequences? Do you lose your license?

Myles Berman: No. The field sobriety test, especially if you’re older than 21 because if you’re 21 and under, and there’s no one here under 21, I’m sure.

Heidi: Wink, wink.

Myles Berman: You have to take a portable breath test. But if you’re 21 or older, you don’t have to do the field sobriety test. You don’t have to tell them where you’re coming from or where you’re going to. And you don’t have to blow into the portable breath machine before you’re placed under arrest. We, at our practice, have tremendous difficulty accepting the accuracy of the state’s breath testing machines. Quite the contrary, we’ve found they’re oftentimes very inaccurate. Just to give a quick example, how many people here, by a show of hands, have been arrested for DUI?

[laughter]

Myles Berman: Not that many. Which is very good. We didn’t do applause. Now if you’ve like a 0.1 or a 0.12, it sound pretty bad, it sounds like it’s over the legal limit, but it’s scientifically impossible to go from a 0.1 to a 0.12 in two minutes. So just on the results themselves, common sense will tell you that breath tests are not reliable.

Frosty: Myles L. Berman, hopefully people are drinking responsibly, driving responsibly, have a designated driver. But if they are pulled over and the cop wants you to take the test or do the thing, at what point do they call you?

Myles Berman: It’s funny you mention that. People have been listening to your show for so long that they’ve got 8884TOPGUN burned into their minds.